Customer Question

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I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

This sounds extremely suspicious to me. A defense driving company should not be collecting any "court fees". You pay the court all the fees owed directly. This may be someway of disguising a service fee for delivering the certificate of completion to the court in which your traffic is pending. However, it seems a bit deceptive to call it a court fee. It might also be a scam.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.

The new law would require companies like mine to collect a penalty surcharge to any referred to a defensive driving company. My question is how would that law be enforced on a compnay that has no physical presence in the state of colorado?

The answer to your question is difficult to state with certainty, as a new law will not have any court decisions which interpret it. It is certainly true that the Colorado legislature cannot require actions of an out of state corporation unless it has jurisdiction over that corporation. However, it is also certainly true that to be able to offer defensive driving courses that qualify in the state of Colorado, the defensive driving company has to pass the requirements of the law. So, I believe that yes, the defensive driving company would need to set up a separate procedure to collect this fee and remit it to the state. Otherwise, it is likely that a court in Colorado will not accept your certificate of completion as a valid certificate and you could be dragged into court in Colorado by providing defensive driving classes to Colorado citizens without collecting and remitting the required fee.

This sounds to me to be an attempt by the Colorado Legislature to make it difficult for on line defensive driving courses to offer services to the people of Colorado.